By: West S.B. No. 1848
(In the Senate - Filed March 11, 2009; March 20, 2009, read
first time and referred to Committee on Criminal Justice;
April 2, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0, 1 present not
voting; April 2, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1848 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the provision of reentry, reintegration, and other
services to a wrongfully imprisoned person who is discharged from a
correctional facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 501, Government Code, is
amended by adding Section 501.091 to read as follows:
Sec. 501.091. REENTRY AND REINTEGRATION SERVICES FOR
WRONGFULLY IMPRISONED PERSONS. (a) In this section, "wrongfully
imprisoned person" means a person who:
(1) has served wholly or partly a sentence in a
facility operated by or under contract with the department; and
(2) has:
(A) received a pardon for innocence for the crime
for which the person was sentenced; or
(B) otherwise been granted relief on the basis of
actual innocence of the crime for which the person was sentenced.
(b) The department shall develop a comprehensive plan to
ensure the successful reentry and reintegration of wrongfully
imprisoned persons into the community following discharge from the
department. The reentry and reintegration plan developed under
this section must include:
(1) life-skills, job, and vocational training for a
wrongfully imprisoned person following discharge, for as long as
those services are beneficial to the person;
(2) a requirement that the department provide, before
a wrongfully imprisoned person is discharged from the department,
the person with any documents that are necessary after discharge,
including a state identification card; and
(3) the provision of financial assistance to aid a
wrongfully imprisoned person in the reentry and reintegration
process and in covering living expenses following discharge, in an
amount not to exceed $10,000.
(c) The amount of financial assistance provided to a
wrongfully imprisoned person under Subsection (b)(3) shall be
deducted from:
(1) the amount of compensation provided to the person
under Section 103.052, Civil Practice and Remedies Code; or
(2) any damages awarded to the person under Section
103.105 of that code.
(d) The department may contract with private vendors or
other entities to implement the comprehensive reentry and
reintegration plan required by this section.
SECTION 2. Chapter 614, Health and Safety Code, is amended
by adding Section 614.021 to read as follows:
Sec. 614.021. SERVICES FOR WRONGFULLY IMPRISONED PERSONS.
(a) In this section, "wrongfully imprisoned person" has the
meaning assigned by Section 501.091, Government Code.
(b) The office shall develop a plan for meeting the
long-term treatment and rehabilitative needs of wrongfully
imprisoned persons who are discharged from the Texas Department of
Criminal Justice. The plan must provide for:
(1) medical care and mental health services, including
related counseling services, to be provided to a wrongfully
imprisoned person at no cost to the person for the remainder of the
person's lifetime; and
(2) dental services to be provided to the person at no
cost to a wrongfully imprisoned person for two years following the
date of the person's discharge.
(c) The office shall distribute to state agencies,
political subdivisions, private organizations, and other qualified
persons money appropriated by the legislature to be used for the
development, operation, provision, and evaluation of medical,
mental health, dental, and counseling services for wrongfully
imprisoned persons under this section.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, the Texas Department of Criminal Justice shall
develop a comprehensive plan for the reentry and reintegration of
wrongfully imprisoned persons as required by Section 501.091,
Government Code, as added by this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Correctional Office on Offenders with Medical or
Mental Impairments shall develop a plan for meeting the long-term
treatment and rehabilitative needs of wrongfully imprisoned
persons as required by Section 614.021, Health and Safety Code, as
added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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